Facts

Paramedics working for defendant Metro West Ambulance Service Inc. responded to a 911 call from plaintiff Maricela Ramirez. Ramirez, who had a clove of garlic wedged and stuck in her nose, claimed she had trouble breathing and expressed interest in being taken to a specific hospital, St. Vincent. The paramedics declined to remove the garlic from Ramirez' nose, citing lack of equipment or proper training. The paramedics claimed Ramirez' situation was not an emergency, and stated they could not transport Ramirez to St. Vincent because the hospital was not accepting emergency ambulance patient drop-offs. Instead, the paramedics called a taxi cab for Ramirez, which picked her up, and transported her to St. Vincent. After Ramirez sued, the defendants moved for summary judgment.

PLAINTIFF'S CONTENTIONS: Ramirez alleged several causes of action, including retaliation, discrimination, medical malpractice, fraud, breach of fiduciary duty, and intentional infliction of emotional distress. Further, Ramirez alleged violations of the Civil Rights Act of 1964 and several Oregon statutes. Ramirez claimed the defendants provided better medical care to individuals not of her race.

DEFENDANTS' CONTENTIONS: The paramedics contended that neither Ramirez' race nor ethnicity played any role in how she was treated. The defendants further argued that the paramedics did not desire to inflict emotional distress upon Ramirez.

Result

The court granted the defendants' motion for summary judgment and dismissed all claims.